Notice2021-26090
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 1, 2021
Issuing agencies
Health and Human Services Department
Abstract
In accordance with the requirements of the Privacy Act of 1974, as amended, the U.S. Department of Health and Human Services (HHS) is establishing a new departmentwide system of records, 09-90- 2103, Accommodation Records About HHS Civilian Employees, Contractors and Visitors.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 228 (Wednesday, December 1, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Notices]
[Pages 68262-68266]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26090]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Assistant Secretary for Administration
Privacy Act of 1974; System of Records
AGENCY: Office of the Assistant Secretary for Administration,
Department of Health and Human Services (HHS).
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, the U.S. Department of Health and Human Services
(HHS) is establishing a new departmentwide system of records, 09-90-
2103, Accommodation Records About HHS Civilian Employees, Contractors
and Visitors.
DATES: The new system of records is applicable December 1, 2021,
subject to a 30-day period in which to comment on the routine uses.
ADDRESSES: The public should address written comments by email to
<a href="/cdn-cgi/l/email-protection#533136273b7d3821323e3621133b3b207d343c25"><span class="__cf_email__" data-cfemail="f39196879bdd9881929e9681b39b9b80dd949c85">[email protected]</span></a> or by mail to Beth Kramer, HHS Privacy Act Officer,
FOIA/Privacy Act Division--Suite 729H, Office of the Assistant
Secretary for Public Affairs, 200 Independence Ave. SW, Washington, DC
20201.
FOR FURTHER INFORMATION CONTACT: General questions may be submitted to
Beth Kramer, HHS Privacy Act Officer,
[[Page 68263]]
by email or telephone at <a href="/cdn-cgi/l/email-protection#2b494e5f430540594a464e596b434358054c445d"><span class="__cf_email__" data-cfemail="9bf9feeff3b5f0e9faf6fee9dbf3f3e8b5fcf4ed">[email protected]</span></a> or (202) 690-6941, or by
mail addressed to: Beth Kramer, HHS Privacy Act Officer, FOIA/Privacy
Act Division--Suite 729H, Office of the Assistant Secretary for Public
Affairs, 200 Independence Ave. SW, Washington, DC 20201.
SUPPLEMENTARY INFORMATION: This new system of records will cover all
records used by HHS to process and determine requests for accommodation
made verbally or in writing by HHS civilian employees, HHS contractors,
and HHS visitors (visitors are defined in the Categories of Individuals
section of the system of records notice). Accommodation records about
federal civilian job applicants are covered by the government-wide
system of records notice (SORN) published by the Office of Personnel
Management, OPM/&GOVT-5, Recruiting, Examining, and Placement Records,
and accommodation records about HHS Public Health Service Commissioned
Corps officers and applicants are covered by HHS SORN 09-40-0003 Public
Health Service (PHS) Commissioned Corps Board Proceedings, so are not
included in this new system of records.
All types of accommodation requests made by HHS civilian employees
and HHS contractors and visitors are intended to be covered, including:
<bullet> Requests for accommodations based on a medical condition
under the Rehabilitation Act of 1973 (Rehab Act), the Americans with
Disabilities Act of 1990 (ADA), and the American with Disabilities Act
Amendments Act of 2008 (ADAA); and
<bullet> Requests for religious accommodation under the First
Amendment of the Constitution of the United States of America (First
Amendment), Religious Freedom Restoration Act of 1993 (RFRA), or Title
VII of the Civil Rights Act of 1964 (Title VII).
The records are used by relevant HHS supervisors, reasonable
accommodation coordinators, equal employment opportunity (EEO)
specialists, employee relations specialists, attorneys, medical review
personnel, contracting officers and their representatives, and other
personnel involved in processing or adjudicating accommodation
requests.
A reasonable accommodation may be requested by and granted to a
qualified individual with a disability in order to allow an employee to
perform the essential functions of their position or to enjoy the same
benefits and privileges of employment as other similarly situated
employees. A reasonable accommodation may also be requested by and
granted to an individual with a disability to allow for participation
in a federally funded program. A religious accommodation may be
requested by and granted to an individual to resolve a conflict between
a sincerely held religious belief, practice, or observance and a work
requirement or requirement for participation in a federally funded
program. An accommodation may include a modification or adjustment to a
work requirement, the work environment, or the way things are
customarily done by HHS.
HHS determines accommodation requests in accordance with applicable
laws, regulations (for example, Equal Employment Opportunity Commission
(EEOC) regulations), Department policies and guidance (for example,
HHS' Personal Assistant Services (PAS) Accommodation guidance), and any
specific guidelines of the relevant Operating Division or Staff
Division (for example, the Administration for Children and Families
Office of Diversity Management and EEO Reasonable Accommodation
Procedures for Individuals with Disabilities (May 17, 2019)).
To control and limit access, use, and disclosure of the records
appropriately, HHS may maintain disability-based accommodation records
in or with other confidential medical files about the same individual,
or otherwise separately from other types of records about the same
individual, to the extent possible. Likewise, to the extent possible,
HHS maintains religious accommodation records about an individual
separately from other types of records about the individual. Disability
information is subject to (for example) restrictions stated in 42
U.S.C. 12112(d)(3)(B) and 29 CFR 1630.14(d)(4)(i); and information
about how an individual exercises rights guaranteed by the First
Amendment (which would include information describing sincerely held
religious beliefs, practices, or observances) is subject to the
restriction stated in 5 U.S.C. 552a(e)(7).
Prior to the date of publication, HHS relied on an Office of
Personnel Management (OPM) governmentwide system of records, OPM/GOVT-
10 Employee Medical File System Records, as covering disability-based
accommodation records about civilian personnel. In recently reviewing
the Department's systems of records HHS determined that a new system of
records is necessary and appropriate for all accommodation records
(whether based on a disability or a sincerely held religious belief)
about HHS civilian employees and HHS contractors and visitors.
Accordingly, those accommodation records will now be covered by new
system of records 09-90-2103.
HHS provided advance notice of the new system of records to the
Office of Management and Budget and Congress as required by 5 U.S.C.
552a(r) and OMB Circular A-108, Federal Agency Responsibilities for
Review, Reporting, and Publication under the Privacy Act, 81 FR 94424
(Dec. 23, 2016).
Cheryl Campbell,
Assistant Secretary for Administration.
SYSTEM NAME AND NUMBER:
Accommodation Records About HHS Civilian Employees, Contractors and
Visitors, 09-90-2103.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Accommodation records are collected and managed at the HHS
Operating Division level and by the Office of Equal Employment
Opportunity, Diversity and Inclusion (EEODI) at the Departmental level.
The addresses of the HHS components responsible for this system of
records are as follows:
<bullet> For the Department: Office of Equal Employment
Opportunity, Diversity & Inclusion (EEODI), 300 C Street SW, Suite
2500, Washington, DC 20201.
<bullet> For the Public Health Service (PHS) Commissioned Corps:
Office of the Assistant Secretary for Health (OASH), 200 Independence
Ave. SW, Washington, DC 20201.
<bullet> For the Office of the Secretary (OS) (excluding the PHS
Commissioned Corps); the Administration for Community Living (ACL); and
the Substance Abuse and Mental Health Services Administration (SAMHSA):
Equal Employment Opportunity Service Center (EEOSC), Mary E. Switzer
Bldg.--Suite 2500, 300 C Street SW, Washington, DC 20201.
<bullet> For the Administration for Children and Families: Office
of Diversity Management and Equal Employment Opportunity (ODME), 330 C
Street SW, Suite 3018, Washington, DC 20201.
<bullet> For the Centers for Disease Control and Prevention (CDC):
Office of Equal Employment Opportunity, MS US11-1EEO, Centers for
Disease Control and Prevention, 1600 Clifton Rd. NE, Atlanta, GA 30329-
4027.
<bullet> For the Centers for Medicare & Medicaid Services (CMS):
Office of Equal Opportunity and Civil Rights, 7500 Security Blvd.,
Baltimore, MD 21244.
<bullet> For the Food and Drug Administration (FDA): Medical
accommodation records: Office of
[[Page 68264]]
Enterprise Management Service, 8455 Colesville Rd., Silver Spring, MD
20910; Religious belief accommodation records: Office of Equal
Employment Opportunity, 10903 New Hampshire Avenue, WO32-2260, Silver
Spring, MD 20903-0002.
<bullet> For the Health Resources and Services Administration
(HRSA): Diversity and Inclusion (OCRDI), 5600 Fishers Ln., Room 14N176,
Rockville, MD 20857.
<bullet> For the Indian Health Service (IHS): Diversity Management
and Equal Employment Opportunity Staff (DMEEO), 5600 Fishers Ln., Mail
Stop 08E61, Rockville, MD 20857.
<bullet> For the National Institutes of Health (NIH): Access and
Equity (A&E) Branch, Division of Guidance, Education and Marketing
(GEM), Bldg. 2, Rm. 3W07, 2 Center Dr., Bethesda, MD 20892.
SYSTEM MANAGER(S):
The System Managers to whom individuals may submit Privacy Act
requests regarding records about them in this system of records are as
follows:
<bullet> For the Public Health Service (PHS) Commissioned Corps:
Assistant Secretary for Health, Office of the Assistant Secretary for
Health (OASH), 200 Independence Ave. SW, Washington, DC 20201,
<a href="/cdn-cgi/l/email-protection#7304120a1d165d1b121f1f331b1b005d141c05"><span class="__cf_email__" data-cfemail="6314021a0d064d0b020f0f230b0b104d040c15">[email protected]</span></a>.
<bullet> For the Office of the Secretary (OS) (excluding the PHS
Commissioned Corps); the Administration for Community Living (ACL); and
the Substance Abuse and Mental Health Services Administration (SAMHSA):
Director, Equal Employment Opportunity Service Center (EEOSC), Mary E.
Switzer Bldg.--Suite 2500, 300 C Street SW, Washington, DC 20201,
<a href="/cdn-cgi/l/email-protection#82c7c7cdd1c1ace3e1e1edefefede6e3f6ebedecf1c2eaeaf1ace5edf4"><span class="__cf_email__" data-cfemail="9bdeded4c8d8b5faf8f8f4f6f6f4fffaeff2f4f5e8dbf3f3e8b5fcf4ed">[email protected]</span></a>.
<bullet> For the Administration for Children and Families: OpDiv
Senior Officer for Privacy, Administration for Children and Families,
330 C Street SW--Suite 3313A, Washington, DC 20201,
<a href="/cdn-cgi/l/email-protection#c38280859c938a919783a2a0a5edababb0eda4acb5"><span class="__cf_email__" data-cfemail="8ccdcfcad3dcc5ded8ccedefeaa2e4e4ffa2ebe3fa">[email protected]</span></a>.
<bullet> For the Centers for Disease Control and Prevention (CDC):
Deputy Director, Office of Equal Employment Opportunity, MS US11-1EEO,
Centers for Disease Control and Prevention, 1600 Clifton Rd. NE,
Atlanta, GA 30329-4027, <a href="/cdn-cgi/l/email-protection#2577646c4b54504c575c654641460b424a53"><span class="__cf_email__" data-cfemail="5f0d1e16312e2a362d261f3c3b3c71383029">[email protected]</span></a>.
<bullet> For the Centers for Medicare & Medicaid Services (CMS):
Director, Office of Equal Opportunity and Civil Rights, 7500 Security
Blvd., Baltimore, MD 21244, <a href="/cdn-cgi/l/email-protection#95e7f0f4e6fafbf4f7f9f0f4f6f6faf8f8faf1f4e1fcfafbe5e7faf2e7f4f8d5f6f8e6bbfdfde6bbf2fae3"><span class="__cf_email__" data-cfemail="70021511031f1e11121c151113131f1d1d1f141104191f1e00021f1702111d30131d035e1818035e171f06">[email protected]</span></a>.
<bullet> For the Food and Drug Administration (FDA): Privacy
Coordinator, Division of Information Governance/Privacy, 5630 Fishers
Ln., Rockville, MD 20857, <a href="/cdn-cgi/l/email-protection#89d9fbe0ffe8eaf0c6efefe0eaecc9efede8a7e1e1faa7eee6ff"><span class="__cf_email__" data-cfemail="5a0a28332c3b3923153c3c33393f1a3c3e3b74323229743d352c">[email protected]</span></a>.
<bullet> For the Health Resources and Services Administration
(HRSA): Accessibility Section Chief, Office of Civil Rights, Diversity
and Inclusion (OCRDI), 5600 Fishers Ln., Room 14N176, Rockville, MD
20857, <a href="/cdn-cgi/l/email-protection#f7a5b6daa5928682928483b79f858496d9909881"><span class="__cf_email__" data-cfemail="a2f0e38ff0c7d3d7c7d1d6e2cad0d1c38cc5cdd4">[email protected]</span></a>.
<bullet> For the Indian Health Service (IHS): Privacy Officer,
Indian Health Service, 5600 Fishers Ln., Mail Stop 09E70, Rockville, MD
20857, <a href="/cdn-cgi/l/email-protection#1b737e7a6f737e6935767878777a757e5b737368357c746d"><span class="__cf_email__" data-cfemail="8ee6ebeffae6ebfca0e3edede2efe0ebcee6e6fda0e9e1f8">[email protected]</span></a>.
<bullet> For the National Institutes of Health (NIH): Branch
Director, Access and Equity (A&E) Branch, Division of Guidance,
Education and Marketing (GEM), Bldg. 2, Rm. 3W07, 2 Center Dr.,
Bethesda, MD 20892, <a href="/cdn-cgi/l/email-protection#80e5e4e9aef2e1c0eee9e8aee7eff6"><span class="__cf_email__" data-cfemail="c5a0a1acebb7a485abacadeba2aab3">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 791 and 793(d); 42 U.S.C. 2000e-16, 12101 through 12117,
and 12201 through 12213; and Executive Order (E.O.) 13164, Establishing
Procedures to Facilitate the Provision of Reasonable Accommodation, 65
FR 46565 (July 26, 2000).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to document, track, and
support the adjudication of two types of verbal and written requests
for accommodation, i.e., disability-based requests and religious-based
requests; and to provide data for accommodation program reporting and
evaluation purposes. The ultimate purpose of the records is to allow
HHS to provide legally required accommodations to individuals with
disabilities and sincerely held religious beliefs.
The records are used by relevant HHS supervisors, reasonable
accommodation coordinators, equal employment opportunity (EEO)
specialists, employee relations specialists, attorneys, medical review
personnel, contracting officers and their representatives, and other
personnel involved in processing or adjudicating accommodation
requests.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals are HHS civilian employees and HHS
contractors and visitors who make accommodation requests, verbally or
in writing, to HHS.
For purposes of this system of records, visitors are individuals
who seek to access an HHS facility or to participate in an HHS-
sponsored federally funded meeting, event, medical trial, or other
program but are neither HHS employees nor HHS contractors. Visitors may
include employees and contractors of other federal agencies, guest
speakers participating in an HHS-hosted meeting or training event,
members of the public attending an HHS-hosted meeting, participants in
medical trials, interns, detailees, student volunteers, visiting
scientists, intramural research trainees, fellows, or other non-
employees performing work for HHS.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system of records includes all records that may support a
determination regarding an accommodation request.
The categories of records include:
<bullet> Documentation of the original request, whether made
verbally or in writing.
<bullet> Records submitted by the individual in support of a
request for reasonable accommodation based on disability, such as
records describing the individual's medical conditions and the
accommodation requested.
<bullet> Records submitted by the individual in support of a
request for religious accommodation, such as records describing the
individual's religious beliefs, practices, or observances, explaining
the conflict(s) experienced by the individual with a particular HHS
practice, policy, custom, or environment, and describing the
accommodation requested.
<bullet> Correspondence from professionals such as physicians who
know the individual and provide information supporting the individual's
request for the accommodation.
<bullet> Notes memorializing verbal conversations.
<bullet> Records of consultations with third parties within or
outside the agency who provide technical assistance to the agency.
<bullet> Communications about the substance of the request, the
processing of the request, and burdens and other issues identified.
<bullet> Records of the agency's analysis, adjudication, and
determination of the request.
<bullet> Records associated with requests for reconsideration or
appeal, if appropriate.
<bullet> Notices provided to the individual about the agency's
determination and agency procedures for reconsideration or other appeal
processes, if applicable.
<bullet> Records documenting any accommodation provided.
RECORD SOURCE CATEGORIES:
The records are provided by the individual making the request, by
HHS personnel involved in processing or adjudicating the request
(including
[[Page 68265]]
supervisors, reasonable accommodation coordinators, equal employment
opportunity (EEO) specialists, employee relation specialists,
attorneys, medical review personnel, and contracting officers and their
representatives), and by others furnishing records pertinent to the
request (such as, the individual's medical professionals, or technical
experts).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to other disclosures authorized directly in the Privacy
Act at 5 U.S.C. 552a(b)((1) and (2) and (b)(4) through (11), HHS may
disclose a record about an individual from this system of records to
parties outside HHS as described in the following routine uses, without
the individual's prior written consent:
1. HHS may disclose records about individuals' accommodation
requests to a contractor or agent engaged by HHS to assist in
administering aspects of accommodation request handling, including
information technology (IT) system support contractors, when it is
necessary for the contractor or agent to have access to the records to
provide that assistance.
2. HHS may disclose relevant information about an HHS employee's
accommodation request to a labor organization recognized under E.O.
11491 Labor Management Relations in the Federal Service or 5 U.S.C.
Chapter 71 upon receipt of a formal request from the labor organization
and in accord with the conditions of 5 U.S.C. 7114 when a contract
between the labor organization and an HHS component provides that the
component will disclose personal information relevant and necessary to
the labor organization's mission or duties of exclusive representation
concerning personnel policies and practices and matters affecting
working conditions.
3. HHS may disclose to an HHS contractor's employer the existence,
status, and determination of the contractor's accommodation request,
but not records that reveal whether the request is based on a medical
condition or a religious conflict.
4. HHS may disclose relevant records about a federal employee's
accommodation request to an authorized appeal grievance examiner,
formal complaint examiner, administrative judge, equal employment
opportunity investigator, arbitrator, or other authorized official
engaged in investigation or settlement of a grievance, complaint, or
appeal filed by an employee; however, most such disclosures will be
authorized by the individual's prior, written consent.
5. HHS may disclose relevant accommodation records about a federal
employee to any of the following agencies or entities when needed by
the agency or entity to discharge its below-described role:
a. To the Office of Personnel Management (OPM) to evaluate the
individual's application for disability retirement.
b. To the Equal Employment Opportunity Commission (EEOC) to
investigate, adjudicate, and litigate the individual's complaint of
employment discrimination or to ensure compliance by HHS under 29 CFR
part 1630.14(b)(1)(iii)).
c. To the Merit Systems Protection Board (MSPB) to adjudicate and
litigate the individual's appeal of a personnel action.
d. To the Office of Special Counsel (OSC) in order to investigate
claims of prohibited personnel practices against HHS.
e. To the Federal Labor Relations Authority (FLRA) to evaluate and
arbitrate a claim of unfair labor practices against HHS.
f. To the Federal Mediation and Conciliation Service (FMCS) or
other alternative dispute resolution (ADR) or arbitration service to
conduct a confidential mediation between HHS management and employees
or between the individual and HHS.
6. A record may be disclosed to the U.S. Department of Justice
(DOJ) or to a court or other adjudicative body in litigation or
administrative proceedings when (1) HHS or any component thereof; or
(2) any employee of HHS acting in the employee's official capacity; or
(3) any employee of HHS acting in the employee's individual capacity
where the DOJ or HHS has agreed to represent the employee; or (4) the
United States Government, is a party to the proceedings or has an
interest in the proceedings and, by careful review, HHS determines that
the record is both relevant and necessary to DOJ's representation or to
the proceedings.
7. Records may be disclosed to a congressional office in response
to an inquiry from the congressional office made at the written request
of the subject individual.
8. Records may be disclosed to representatives of the National
Archives and Records Administration (NARA) in records management
inspections conducted pursuant to 44 U.S.C. 2904 and 2906.
9. Records may be disclosed to appropriate agencies, entities, and
persons when (1) HHS suspects or has confirmed that there has been a
breach of the system of records, (2) HHS has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, HHS (including its information systems, programs, and
operations), the federal government, or national security, and (3) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with HHS' efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
10. Records may be disclosed to another federal agency or federal
entity, when HHS determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the federal government, or national
security, resulting from a suspected or confirmed breach.
Any other disclosures require the individual's prior written
consent.
Note also that if an individual's accommodation records become part
of a related proceeding covered by a different System of Records Notice
(SORN), the records will be subject to disclosures under routine uses
published in that SORN (see, for example: 09-90-0009 Discrimination
Complaint Records; 09-90-0069 Unfair Labor Practice Records; EEOC/GOVT-
1 Equal Employment Opportunity in the Federal Government Complaint and
Appeals Records; MSPB/GOVT-1 Appeals and Case Records; and 09-90-0062
Administrative Claims).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
All records (including those received in paper form) are stored in
electronic media to comply with OMB Memorandum M-19-21, Transition to
Electronic Records (June 28, 2019).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
The records are retrieved by the subject individual's name,
assigned case number (if any), or HHS identification number (if
applicable).
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Accommodation records about federal employees are retained and
disposed of in accordance with the following disposition authorities:
[[Page 68266]]
<bullet> General Records Schedule (GRS) 2.2 Employee Management
Records, Item 080, supervisor's personnel files (these include employee
medical documents until replaced by the agency's accommodation
decision, and exclude records that become part of a grievance file, an
appeal or discrimination complaint file, a performance-based reduction-
in-grade or removal action, or an adverse action, which are governed by
GRS 2.3 Employee Relations Records): Review annually and destroy
superseded documents. Destroy remaining documents one year after
employee separation or transfer.
<bullet> GRS 2.3 Employee Relations Records, Item 020, reasonable
accommodation case files: Destroy three years after employee separation
from the agency or after all appeals are concluded, whichever is later,
but longer retention is authorized if required for business use.
Accommodation records about federal contractors are retained and
disposed of in accordance with the following disposition authority:
<bullet> GRS 2.3 Employee Relations Records, Item 120, records
documenting contractor compliance with EEO regulations: Destroy when 7
years old, but longer retention is authorized if required for business
use.
Accommodation records about HHS visitors who are neither federal
employees nor federal contractors are currently unscheduled and will be
retained indefinitely until authorized for disposition under a schedule
approved by the National Archives and Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Safeguards conform to the HHS Information Security and Privacy
Program, <a href="https://www.hhs.gov/ocio/securityprivacy/index.html">https://www.hhs.gov/ocio/securityprivacy/index.html</a>, including
the HHS Information Security and Privacy Policy (IS2P), which ensures
that information is safeguarded in accordance with applicable federal
laws, rules, and policies, including: 44 U.S.C. 3541 through 3549 and
3551 through 3558; all pertinent National Institutes of Standards and
Technology (NIST) publications; and OMB Circular A-130, Managing
Information as a Strategic Resource, 81 FR 49689 (July 28, 2016).
Records are protected from unauthorized access through appropriate
administrative, physical, and technical safeguards. These safeguards
include protecting the facilities where records are received and
electronically stored with security guards, identification badges, and
cameras; securing any hard copies in locked file cabinets, file rooms
or offices during off-duty hours; requiring contractors to maintain
appropriate safeguards and to comply with the Privacy Act with respect
to the records; limiting authorized users' access to electronic records
based on role and either two-factor authentication or password
protection; requiring passwords to be complex and to be changed
frequently; using a secured operating system protected by encryption,
firewalls, and intrusion detection systems; maintaining an activity log
of users' access; requiring encryption for any records stored or
accessed on removable media; training personnel in Privacy Act and
information security requirements; and reviewing security controls on
an ongoing basis.
To control and limit access, use, and disclosure of the records
appropriately, HHS may maintain disability-based accommodation records
in or with other confidential medical files about the same individual,
or otherwise separately from other types of records about the same
individual, to the extent possible. Likewise, to the extent possible,
HHS maintains religious accommodation records about an individual
separately from other types of records about the individual.
RECORD ACCESS PROCEDURES:
Individuals may request access to records about them in this system
of records by submitting a written access request to the System Manager
identified in the ``System Manager'' section of this SORN. The request
must contain the requester's full name, home or work address, date of
birth, signature, and assigned case identification number (if any) and
must identify the employing or hiring component pertinent to the
request. To verify the requester's identity, the signature must be
notarized or the request must include the requester's written
certification that the requester is the individual who the requester
claims to be and that the requester understands that the knowing and
willful request for or acquisition of a record pertaining to an
individual under false pretenses is a criminal offense subject to a
fine of up to $5,000. To access the records in person, the requester
should make an appointment, and may be accompanied by a person of the
requester's choosing if the requester provides written authorization
for agency personnel to discuss the records in that person's presensce.
An individual may also request an accounting of disclosures that have
been made of the records, if any.
CONTESTING RECORD PROCEDURES:
Individuals may seek to amend records about them in this system of
records by submitting an amendment request to the System Manager
identified in the ``System Manager'' section of this SORN, containing
the same information required for an access request. The request must
include verification of the requester's identity in the same manner
required for an access request; must reasonably identify the record and
specify the information contested, the corrective action sought, and
the reasons for requesting the correction; and should include
supporting information to show how the record is not accurate,
complete, timely, or relevant.
NOTIFICATION PROCEDURES:
Individuals who wish to know if this system of records contains
records about them should submit a notification request to the System
Manager identified in the ``System Manager'' section of this SORN. The
request must contain the same information required for an access
request and must include verification of the requester's identity in
the same manner required for an access request.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2021-26090 Filed 11-30-21; 8:45 am]
BILLING CODE 4151-17-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 1, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.